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HomeMy WebLinkAboutCity Council Resolution 03-054 RESOLUTION NO. 03-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA RELATING TO THE USA PATRIOT ACT AND THE PROTECTION OF CIVIL RIGHTS AND LffiERTIES OF SARATOGANS WHEREAS, the City of Saratoga is a diverse community composed of persons of different ancestries, races, ethnic or national origins, colors, ages, genders, sexual orientations, religions, physical and mental capabilities, economic circumstances and political backgrounds and views; and WHEREAS, all members of tills community are governed by and enjoy certain fundamental rights granted under the United States Constitution, including the Bill of Rights and the California State Constitution; and WHEREAS, these fundamental rights are threatened whenever law enforcement actions are based on extreme interpretations of laws that were ultimately intended for the limited purpose of protecting these fundamental rights; and WHEREAS, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 ("USA Patriot Act") was signed into law on October 26, 2001 with the stated purpose to enable law enforcement officials to track down and punish those responsible for the September 11, 2001 attacks on the World Trade Center in New York City and to protect against any similar attacks; and WHEREAS, given the length and breadth of such acts, concerns have been raised that their language and that of Executive Orders interpreting such acts, might result in overzealous enforcement of its provisions in derogation of the fundamental rights of all Americans, including the members of this community; and WHEREAS, the City of Saratoga adheres to the principal that no law enforcement agency, or any other City agency, may profile or discriminate against any person solely on the basis of ancestry, race, ethnic or national origin, color, age, sexual orientation, gender, physical or mental disability, religion, political views, or economic circumstances; and WHEREAS, the City of Saratoga wants to recognize the commitment it has to uphold the legal and human rights of its residents; and WHEREAS, other communities around the County have passed similar resolutions reinforcing local efforts to support and defend the legal and human rights of their residents; and NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Saratoga that it has been, and remains, firmly committed to the protection of civil rights and civil liberties for all of its residents, to the equal treatment of all its residents, regardless of their ancestry, race, ethnic or national origin, color, age, sexual orientation, religion, physical or mental disability, economic circumstances, political background or views, and affirms its commitment to embody democracy and to embrace, defend and uphold the inalienable rights and fundamental liberties granted under the United States Constitution and the California State Constitution; and BE IT FURTHER RESOLVED that local law enforcement continue to preserve and uphold residents' freedom of speech, assembly, association, and privacy, the right to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures, even if requested to do otherwise and infringe upon such rights by Federal or State law enforcement agencies acting under new powers created by the USA Patriot Act or by Executive Order; and BE IT FURTHER RESOLVED that our Federal legislative delegation is petitioned to actively monitor the implementation of the USA Patriot Act and any new legislation or related Executive Order, and actively work for the repeal of those portions that violate the guaranteed civil liberties enumerated in the Bill of Rights; and BE IT FURTHER RESOLVED that upon passage, the City Clerk shall deliver this Resolution to all Federal and State law enforcement agencies, the Governor's office, and to the California F ederallegislative delegation_ PASSED AND ADOPTED by the Saratoga City Council, State of California, this 3rd day of September 2003, by the following vote: AYES: Councilmember Stan Bogosian, Kathleen King, Norman Kline, Vice Mayor Ann Waltonsmtih, Mayor Nick Streit NOES: None ABSENT: None ABSTAIN: None Nick Streit, Mayor fI\rEST: ( twshx ,.,---~- ~en Boyer, . . y Cle(